Tennessee Code Annotated
Tenn. Code Ann. § 29-20-408 (2026)
Catastrophic injuries fund commission created
✓ current as of May 2026
- (a) There is created a commission to design, develop and propose legislation to the general assembly to enact and implement a catastrophic injuries fund for the purpose of compensating certain specified persons in an amount in excess of the governmental tort liability limits for injuries or death caused by the actions of an employee of a governmental entity and to study other issues relating to governmental tort liability. Such commission shall consist of the following members:
- (1) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons to be submitted jointly by the Tennessee municipal league, the Tennessee county services association, the Tennessee school board association, county-owned hospitals, self-insured municipalities, Tennessee public utilities and the Tennessee municipal league risk management pool by January 1, 2002;
- (2) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons submitted by the Tennessee trial lawyers association by January 1, 2002;
- (3) The comptroller of the treasury or the comptroller's designee;
- (4) The state treasurer or the treasurer's designee;
- (5) The secretary of state or the secretary's designee; and
- (6) The chairs of the judiciary, state and local government and finance, ways and means committees of the senate and the civil justice, state government, and finance, ways and means committees of the house of representatives, or such chairs' designees, who shall be ex officio non-voting members of the commission.
- (b) If the speakers are unable to appoint four (4) members from the list of eight (8) submitted pursuant to subsection (a)(1) or (a)(2), the speakers shall notify the association or entities submitting the initial list and they shall have no more than forty-five (45) days to submit a new list of eight (8) persons. The speakers may request no more than two (2) such additional lists in making the respective four (4) member appointments.
- (c) If for any reason a vacancy occurs in the commission membership appointed pursuant to subdivision (a)(1) or (a)(2), the association or entities making the original appointment shall have no more than thirty (30) days to submit to the speakers a list of two (2) persons to fill each such vacancy. The speakers shall jointly appoint a member to fill the vacancy in the same manner as the initial appointment.
- (d) The commission shall first convene at the call of the state treasurer who shall serve as chair and shall coordinate the work of the commission.
- (e) The catastrophic injuries fund commission shall design, develop and propose legislation to the general assembly to enact and implement the catastrophic injuries fund by July 1, 2006. The commission may report on and propose legislation, if necessary, on other issues related to governmental tort liability at any time, but no later than July 1, 2006.
Amended by 2021 Tenn. Acts, ch. 64, s 20, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 30, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 84, eff. 4/19/2013.
Acts 2001, ch. 424, § 3.
Notes of Decisions
Cited in 2
cases, 1989–2011 · leading case: Hughes v. Metro. Gov't of Nashville & Davidson Cnty., 340 S.W.3d 352 (Tenn. 2011).
Hughes v. Metro. Gov't of Nashville & Davidson Cnty., 340 S.W.3d 352 (Tenn. 2011). “One of these exceptions is for injuries occurring as a result of the negligent operation of equipment: “Immunity from suit of all governmental entities is removed for injuries resulting from the negligent operation by any employee of a *361 motor vehicle or other equipment while…”
Coburn v. City of Dyersburg, 774 S.W.2d 610 (Tenn. Ct. App. 1989). “The logical and reasonable reading of these three Code sections seems to us to be as follows: For the bodily injury or death of any one person in any one accident, § 29-20-408 establishes minimum limits of not less than $40,000; a judgment rendered against a governmental entity…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.